Wisconsin Legislature: 36,20

36,11 Section 11. 895.80 (1) of the statutes is amended to read:

895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61, 943.74, or 943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201 or 943.203, has a cause of action against the person who caused the damage or loss.

36,12 Section 12. 939.03 (1) (intro.) and (a) to (c) of the statutes are amended to read:

939.03 (1) (intro.) A person is subject to prosecution and punishment under the law of this state if any of the following applies:

(a) The person commits a crime, any of the constituent elements of which takes place in this state; or.

(b) While out of this state, the person aids and abets, conspires with, or advises, incites, commands, or solicits another to commit a crime in this state; or.

(c) While out of this state, the person does an act with intent that it cause in this state a consequence set forth in a section defining a crime; or.

36,13 Section 13. 939.03 (1) (e) of the statutes is created to read:

939.03 (1) (e) The person violates s. 943.201 or 943.203 and the victim, at the time of the violation, is an individual who resides in this state, a deceased individual who resided in this state immediately before his or her death, or an entity, as defined in s. 943.203 (1) (a), that is located in this state.

36,14 Section 14. 939.32 (1) (f) of the statutes is created to read:

939.32 (1) (f) Whoever attempts to commit a crime under s. 946.79 is subject to the penalty provided in that section for the completed act.

36,15 Section 15. 943.201 (title) of the statutes is amended to read:

943.201 (title) Misappropriation Unauthorized use of an individual's personal identifying information or personal identification documents.

36,16 Section 16 . 943.201 (1) (a) of the statutes is renumbered 943.201 (1) (a) (intro.) and amended to read:

943.201 (1) (a) (intro.) "Personal identification document" means a birth certificate or a financial transaction card, as defined in s. 943.41 (1) (em). any of the following:

36,17 Section 17. 943.201 (1) (a) 1. of the statutes is created to read:

943.201 (1) (a) 1. A document containing personal identifying information.

36,18 Section 18. 943.201 (1) (a) 2. of the statutes is created to read:

943.201 (1) (a) 2. An individual's card or plate, if it can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds.

36,19 Section 19. 943.201 (1) (a) 3. of the statutes is created to read:

943.201 (1) (a) 3. Any other device that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

36,20 Section 20 . 943.201 (1) (b) 10. to 15. of the statutes are created to read:

943.201 (1) (b) 10. An individual's taxpayer identification number.

11. An individual's deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).

12. Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

a. An individual's code or account number.

b. An individual's electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.

c. Any other means of account access.

13. An individual's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.

14. Any other information or data that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

15. Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

36,21 Section 21 . 943.201 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 943.201 (2) (intro.) and amended to read:

943.201 (2) (intro.) Whoever, for any of the following purposes, intentionally uses or, attempts to use, or possesses with intent to use any personal identifying information or personal identification document of an individual to obtain credit, money, goods, services or anything else of value, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual or, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her is guilty of a Class H felony.:

36,22 Section 22 . 943.201 (2) (a), (b) and (c) of the statutes are created to read:

943.201 (2) (a) To obtain credit, money, goods, services, employment, or any other thing of value or benefit.

(b) To avoid civil or criminal process or penalty.

36,23 Section 23. 943.201 (3) and (4) of the statutes are created to read:

943.201 (3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

(4) If an individual reports to a law enforcement agency for the jurisdiction which is the individual's residence that personal identifying information or a personal identifying document belonging to the individual reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the individual which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the individual who made the request, subject to payment of any reasonable fee for the copy.

36,24 Section 24 . 943.203 of the statutes is created to read:

943.203 Unauthorized use of an entity's identifying information or documents. (1) In this section:

(a) "Entity" means a person other than an individual.

(b) "Identification document" means any of the following:

1. A document containing identifying information.

2. An entity's card or plate, if it can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds.

3. Any other device that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.

1. An entity's name.

2. An entity's address.

3. An entity's telephone number.

4. An entity's employer identification number.

5. The identifying number of an entity's depository account, as defined in s. 815.18 (2) (e).

6. Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

a. An entity's code or account number.

b. An entity's electronic serial number, mobile identification number, entity identification number, or other telecommunications service, equipment, or instrument identifier.

c. Any other means of account access.

7. Any other information or data that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.

8. Any other information that can be associated with a particular entity through one or more identifiers or other information or circumstances.

(2) Whoever, for any of the following purposes, intentionally uses, attempts to use, or possesses with intent to use any identifying information or identification document of an entity without the authorization or consent of the entity and by representing that the person is the entity or is acting with the authorization or consent of the entity is guilty of a Class H felony:

(a) To obtain credit, money, goods, services, or anything else of value or benefit.

(b) To harm the reputation or property of the entity.

(3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

(4) If an entity reports to a law enforcement agency for the jurisdiction in which the entity is located that personal identifying information or a personal identifying document belonging to the entity reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the entity which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the entity that made the request, subject to payment of any reasonable fee for the copy.

36,25 Section 25. 946.79 of the statutes is created to read:

946.79 False statements to financial institutions. (1) In this section:

(a) "Financial institution" means a bank, savings bank, savings and loan association, credit union, loan company, sales finance company, insurance premium finance company, community currency exchange, seller of checks, insurance company, trust company, securities broker-dealer, as defined in s. 551.02 (3), mortgage banker, mortgage broker, pawnbroker, as defined in s. 134.71 (1) (e), telegraph company, or dealer in precious metals, stones, or jewels.

(b) "Financial transaction information" means information being submitted to a financial institution in connection with a transaction with that financial institution.

1. Coin or currency of the United States or any other country.

2. Traveler's check, personal check, money order, or share draft or other draft for payment.

3. Investment security or negotiable instrument, in bearer form, book entry, or other form that provides that title to the security or instrument passes upon delivery or transfer of the security or instrument.

4. Precious metals, stones, or jewels.

(d) "Personal identification document" has the meaning given in s. 943.201 (1) (a).

(e) "Personal identifying information" has the meaning given in s. 943.201 (1) (b).

(f) "Transaction" means the acquisition or disposition of property by any means, including any of the following:

1. The purchase, sale, trade, transfer, transmission, exchange, loan, pledge, investment, delivery, deposit, or withdrawal of a monetary instrument.

2. The use of a safe deposit box.

3. The extension of credit.

(2) Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:

(a) Falsifies or conceals or attempts to falsify or conceal an individual's identity.

(b) Makes a false statement regarding an individual's identity.

(d) Uses a false personal identification document or false personal identifying information.

36,26 Section 26. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.08, 948.12, and 948.30.

36,27 Section 27. 970.03 (11) of the statutes is amended to read:

970.03 (11) The court may admit a statement which is hearsay and which is not excluded from the hearsay rule under ss. 908.02 to 908.045 to prove ownership of property or lack of consent to entry to or possession or destruction of property or to prove any element under s. 943.201 (2) or 943.203 (2).

36,28 Section 28. 970.03 (13) of the statutes is amended to read: